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Home My WebLink About2016-01-26; City Council; 22200; Adopt Resolution Approving the Amended and Restated City Attorney Employment Agreement with Celia A. Brewer with an Annual Fiscal Impact of $29,9901 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2016-017 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE AMENDED AND RESTATED CITY ATTORNEY EMPLOYMENT AGREEMENT WITH CELIA A. BREWER WITH AN ANNUAL FISCAL IMPACT OF $29,900 WHEREAS, the City Council desires to approve the Amended and Restated City Attorney Employment Agreement with Celia A. Brewer; and WHEREAS, this Amended and Restated City Attorney Employment Agreement increases the City Attorney's base salary from $246,792 to $271,700 per year, as further set forth in Exhibit 2 to the accompanying Agenda Bill. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California as follows: 1. That the above recitations are true and correct. 2. That the Amended and Restated City Attorney Employment Agreement with Celia A. Brewer set forth in Exhibit 2 to the accompanying Agenda Bill is approved. 3. That the Fiscal Year 2015-16 impact is $14,700, and will be paid for out of the existing City Attorney budget in the General Fund. 4. That the Mayor of the City of Carlsbad is authorized to execute the Amended and Restated City Attorney Employment Agreement with Celia A. Brewer on behalf of the City of Carlsbad. Ill Ill Ill 1 PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council of the City 2 of Carlsbad on the 26th day of January 2016, by the following vote to wit: 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AYES: Council Members Hall, Wood, Schumacher, Blackburn, Packard. NOES: None. ABSENT: None. MATTH�LL, Mayor ATTEST: City of Carlsbad Amended and Restated City Attorney Employment Agreement This Amended and Restated City Attorney Employment Agreement is entered into as of the date this Amended and Restated City Attorney Employment Agreement is approved by the Council for the City of Carlsbad, but is effective as of January 19, 2016, by and between the City of Carlsbad, California, a municipal corporation (the "City"), and Celia A. Brewer, an individual (the "City Attorney"). The City and the City Attorney are sometimes individually referred to as a "Party" and collectively as "Parties." RECITALS WHEREAS, Chapter 2.14 of the Carlsbad Municipal Code provides for the Office of the City Attorney who shall be appointed and retained by the City Council wholly on the basis of her legal ability and experience, particularly in the municipal law field and shall hold that office for and during the pleasure of the City Council; and WHEREAS, on January 8, 2013, the Council adopted Resolution No. 2013-008 establishing an Employment Agreement with Celia A. Brewer as City Attorney, effective January 22, 2013; and WHEREAS, on January 28, 2014, the Council adopted Resolution No. 2014-022 that amended the original employment agreement by authorizing an increase in salary and provided for deferred compensation; and WHEREAS, on January 27, 2015, the Council adopted Resolution No. 2015-011 that amended and restated the original employment agreement; and WHEREAS, the Council continues its desire to employ Celia A. Brewer as City Attorney; and WHEREAS, it is the desire of the Parties hereto to act as a deterrent against malfeasance or dishonesty for personal gain on her part; and to provide for terminating her services at such time as she may be unable to fully discharge her duties or when the City Council may otherwise desire to terminate her employment; and WHEREAS, it is the desire of the Parties to enter into this Amended and Restated City Attorney Employment Agreement on the terms and conditions set forth below; and NOW, THEREFORE, in consideration of the mutual covenants herein contained, the Parties agree as follows: SECTION I -DUTIES The City Council hereby agrees to the continued employment of Celia A. Brewer as City Attorney and to exercise the powers, duties and responsibilities set forth in Carlsbad Municipal Code Chapter 2.14 and applicable state law and such other applicable ordinances and resolutions now in effect or hereafter adopted by the City Council. SECTION II-TERM Celia A. Brewer was appointed as City Attorney, effective on January 22, 2013 and shall continue in that capacity and shall continue to fulfill the powers, functions and duties of City Attorney and shall serve in that capacity until such time as this Amended and Restated City Attorney Employment Agreement ("Agreement") is terminated pursuant to Section IV below. The purpose of this paragraph is to ensure compliance with Government Code section 53260 et seq. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City Attorney to resign at any time subject only to the provisions set forth in Section IV below. City Attorney agrees to remain in the exclusive employ of the City and neither to accept other employment nor to become employed by any other employer without the express written permission of the City Council; provided, nothing 1 contained herein shall be construed or interpreted to prohibit City Attorney from engaging in such occasional activity such as teaching, writing or consulting which activity shall only be conducted apart from her normal and regular functions and duties. SECTION Ill-SALARY A. Base Salary The annual base salary for the City Attorney shall be $271,700 which shall be paid bi-weekly, $10A50 per completed pay cycle. This includes the compensation for the additional positions of General Counsel for the Housing Commission/Community Development Commission, General Counsel of the Carlsbad Municipal Water District, Public Financing Authority, Industrial Development Authority, and all other boards or commissions that assemble and require the services of General Counsel. B. Deferred Compensation Beginning January 1, 2015, the City shall make an annual contribution on behalf of the City Attorney to a section 457 Deferred Compensation Plan in the maximum amount allowable, prorated over the number of pay periods in the calendar year. SECTION IV-SEPARATION FROM EMPLOYMENT In the event the City Council terminates this Agreement during which time City Attorney is ready, willing and able to perform the functions and duties set forth herein, then, in that event, City Council agrees to continue City Attorney base salary and health benefits {i.e. health, dental and vision) for a period of twelve months or, upon mutual agreement, pay a single lump sum payment equal to one (1) year base salary. SECTION V-VEHICLE ALLOWANCE OR PROVISION OF VEHICLE The City Attorney's functions and duties require her to have use of an automobile during her employment with the City. The City shall provide the City Attorney the monthly sum of $350 for the expense of owning, operating and maintaining and insuring her personal automobile. City Attorney shall keep and maintain in full force and effect personal liability and property damage insurance in the minimum amounts of $250,000 per person and $500,000 per occurrence and property damage of $100,000, and shall name the City of Carlsbad as additional insured. The amounts received under this section are in addition to the base salary and shall be considered as part of the total cash compensation discussed in Section Ill above. SECTION VI-OTHER SUPPLEMENTAL BENEFITS The City Attorney shall accrue vacation leave and sick leave as provided for under existing City policy. Beginning January 1, 2015, City Attorney shall be credited for twenty years of service credit in calculating leave accrual rates and City Attorney shall be permitted to earn and accrue up to three hundred twenty (320) hours of vacation. All other actions taken by the City Council relating to fringe benefits for management employees shall be considered actions granting the same to the City Attorney, except that the City Attorney may decline any fringe benefits to the extent permitted or authorized by law, City policy, or this agreement. As used herein, fringe benefits include but are not limited to vacation, sick leave, educational benefits as they existed on the date of the approval of this Agreement, holidays, retirement (PERSL benefits and payments, health insurance, dental insurance, long-term disability insurance and life insurance as set forth in the Performance Management and Compensation Plan and elsewhere. The City Attorney may elect to participate in any of the medical insurance programs offered by the City. SECTION VII-ANNUAL REVIEW The City Council shall review and evaluate the performance of the City Attorney in January of each year. This review and evaluation of performance and salary shall be in accordance with the criteria developed jointly by the City Council and the City Attorney. The Mayor shall provide the City Attorney with a summary written statement of the findings of the City Council and provide an adequate opportunity for the City Attorney to discuss her evaluation with the City Council. The Mayor shall report out and authorize the Human Resources 2